Back to the Learning Center

By: Scott Grossman on October 13th, 2016

Is Mediation Right for Your California Probate Litigation Matter?

In an effort to avoid the need for a full-blown trial during a California probate administration, some parties choose to turn to mediation. By using a mediator, the goal is that the parties to the dispute can find a mutually acceptable resolution to their disagreements. The mediator serves as a facilitator to the communication between the parties. Mediation is also a confidential and non-binding process. An experienced San Diego probate court lawyer can help you understand whether mediation is the right choice during your probate litigation matter.

When should you consider mediation during a San Diego probate administration dispute?

  1. Dispute is between family members
  2. Dispute involves the administration of an estate, trust, conservatorship, or guardianship
  3. Parties are too personally involved with the matter and their emotions are getting in the way of achieving a resolution to the dispute
  4. Parties are open to finding an amicable resolution and improving communication

When might mediation not be appropriate for a San Diego probate administration matter?

  1. One or more parties are not willing to cooperate with the mediator or with the other parties
  2. One or more parties are not open to compromise with regard to the dispute
  3. The dynamic between the parties is such that one party has significant power over the other
  4. There is a history of abuse or victimization between the parties

For more information about mediation, consult with an experienced San Diego probate court litigation attorney. Call the Grossman Law Firm today at (888) 443-6590 for a consultation.